Back and Next - Back and NextRejoinder: An unwarranted attack
Wednesday, January 14, 2009
On the 18th December 2008, the African Centre for Democracy and Human Rights Studies (ACFDHRS) organised a one-day forum for members of the media fraternity and other members of the civil society, to commemorate the 60th anniversary of the United Nations universal declaration of human and people’s rights, at the conference room of the ACFDHRS.
At the aforesaid forum, I was one of the honoured guests at the head table. When my turn came to take the floor, I inter alias made the legal point that “a professional journalist is one who has attended a school of journalism, has passed exams in journalism and is consequently certificated, as evidenced of his or her craftsmanship.
Any person who is not trained in journalism, and is engaged in the trade of journalism, is merely a “Reporter” or “a trainee journalist”, not a professional journalist, and that person needs to attend a school of journalism, to enhance his/her competence to avoid impersonating a professional journalist, and thus the urgent need for the establishment of a school of journalism in the Republic of the Gambia, now”.
In response to that article, some media institution projected a highly fallacious impression, that I attacked the entire media fraternity in the Gambia. This is certainly not true, and this is why I have repeated, verbatim, what I said at the aforesaid forum, for the avoidance of doubt.
I do appreciate the fact that at times the truth is a very bitter pill to swallow, but this does not give anybody the license (trained professional journalists inclusive) to misquote a person and proceed to make libellous statements about him, in the print media. I made the aforesaid statement in utmost good faith (bona fide), and not in bad faith (mala fide), for the betterment of the entire media fraternity in The Gambia.
It is therefore up to the trained professional journalists to set high standards of journalism in this country, and not to allow “reporters” or “trainee journalists”, to engage in activities that would bring the honourable profession of journalism into disrepute, and cultivate the intolerable culture of impunity.
The right of “freedom of speech and expression, which includes freedom of the press” is clearly encapsulated in section 25 (1) (A) of the 1997 constitution of the Republic of The Gambia, also goes along with a corresponding duty, obligation or responsibility. The aforesaid right of a trained professional journalist somewhere stops where my right not to have my character, integrity and good name tarnished, begins.
I must highly commend my good friends at the Daily Observer newspaper for the publication of an excellent letter to the editor, entitled “journalism goes with responsibility”, which was written by one Nfamara Ceesay, which was published on the Tuesday December 23rd 2008 issue of that paper. This letter buttressed the legal point I was making.
True as it may be, we are pleased with the response of the president of The Gambia Press Union (GPU), that the best journalist in the world did not go to any formal school of journalism.
Now, if it is agreed that what I said was the truth, why then did some one go ahead to make highly libellous statements about me in the print media? In response to the statement of the president of the Gambia Press Union, I am submitting that even if a reporter or an untrained journalist can do the work of a professional journalist reasonably well, it stands to reason, he or she can do the work of a professional journalist better, after he or she has been trained in a school of journalism, passed exams and is finally certificated.
In other words, the important issue of journalistic training just cannot be dispensed with, no matter how good the untrained reporter may be; there will always be room for improvement. Any attempt to down play the importance which must be attached to journalistic training, is a classic example of levity. The Oxford advanced learner’s dictionary of current English by A.S Horny, authoritatively defines “levity” thus. “Tendency to threat serious matters without respect.”
According to the law of evidence, for someone to be called an expert in a particular profession, he or she must have both the relevant working experience and the requisite academic qualifications, pertaining to that particular profession and he or she would then be fully qualified to give what is known as “expert professional evidence” in a court of law, as a competent and compellable witness. See the law of evidence act of the laws of The Gambia.
IGNORANTIA JURIS NON EXCUSAT
(Latin, ie; ignorance of the law is no excuse). The good news is that, either as a result of my legal pronouncement at the aforesaid forum, or it may well be a mere coincidence, the University of The Gambia (UTG), under the dynamic, able and visionary leadership of His Excellency, Professor Alhaji Dr AJJ Jammeh, president of the Republic of The Gambia, who is also the chancellor of the aforesaid university, has now decided that, as from 2009, the UTG will commence a certificated course for “Reporters or “Trainee journalists” and other members of civil society who are interested in acquiring academic qualifications in journalism.
As a bona fide member of the Gambia Bar Association, the World Jurists Association in Washington D.C in the USA, amongst others, I warmly welcome this innovative step of the UTG.
In conclusion, in the light of the aforesaid legal analysis and submissions, let say the only substrate on which the aforesaid attack on me is based is Libel. Let me terminate therefore now, to allow you to digest and dissect what I have written, to enable you to advise your good self, what appropriate step you should now take very urgently, pertaining to this important matter.
Dr. Henry D.R. Carrol
LLB (Hons) UK., B.L. (Hons), LLM (U.K)
PhD (U.K.)
Solicitor General
& Legal Secretary
Law Lecturer University of The Gambia.
At the aforesaid forum, I was one of the honoured guests at the head table. When my turn came to take the floor, I inter alias made the legal point that “a professional journalist is one who has attended a school of journalism, has passed exams in journalism and is consequently certificated, as evidenced of his or her craftsmanship.
Any person who is not trained in journalism, and is engaged in the trade of journalism, is merely a “Reporter” or “a trainee journalist”, not a professional journalist, and that person needs to attend a school of journalism, to enhance his/her competence to avoid impersonating a professional journalist, and thus the urgent need for the establishment of a school of journalism in the Republic of the Gambia, now”.
In response to that article, some media institution projected a highly fallacious impression, that I attacked the entire media fraternity in the Gambia. This is certainly not true, and this is why I have repeated, verbatim, what I said at the aforesaid forum, for the avoidance of doubt.
I do appreciate the fact that at times the truth is a very bitter pill to swallow, but this does not give anybody the license (trained professional journalists inclusive) to misquote a person and proceed to make libellous statements about him, in the print media. I made the aforesaid statement in utmost good faith (bona fide), and not in bad faith (mala fide), for the betterment of the entire media fraternity in The Gambia.
It is therefore up to the trained professional journalists to set high standards of journalism in this country, and not to allow “reporters” or “trainee journalists”, to engage in activities that would bring the honourable profession of journalism into disrepute, and cultivate the intolerable culture of impunity.
The right of “freedom of speech and expression, which includes freedom of the press” is clearly encapsulated in section 25 (1) (A) of the 1997 constitution of the Republic of The Gambia, also goes along with a corresponding duty, obligation or responsibility. The aforesaid right of a trained professional journalist somewhere stops where my right not to have my character, integrity and good name tarnished, begins.
I must highly commend my good friends at the Daily Observer newspaper for the publication of an excellent letter to the editor, entitled “journalism goes with responsibility”, which was written by one Nfamara Ceesay, which was published on the Tuesday December 23rd 2008 issue of that paper. This letter buttressed the legal point I was making.
True as it may be, we are pleased with the response of the president of The Gambia Press Union (GPU), that the best journalist in the world did not go to any formal school of journalism.
Now, if it is agreed that what I said was the truth, why then did some one go ahead to make highly libellous statements about me in the print media? In response to the statement of the president of the Gambia Press Union, I am submitting that even if a reporter or an untrained journalist can do the work of a professional journalist reasonably well, it stands to reason, he or she can do the work of a professional journalist better, after he or she has been trained in a school of journalism, passed exams and is finally certificated.
In other words, the important issue of journalistic training just cannot be dispensed with, no matter how good the untrained reporter may be; there will always be room for improvement. Any attempt to down play the importance which must be attached to journalistic training, is a classic example of levity. The Oxford advanced learner’s dictionary of current English by A.S Horny, authoritatively defines “levity” thus. “Tendency to threat serious matters without respect.”
According to the law of evidence, for someone to be called an expert in a particular profession, he or she must have both the relevant working experience and the requisite academic qualifications, pertaining to that particular profession and he or she would then be fully qualified to give what is known as “expert professional evidence” in a court of law, as a competent and compellable witness. See the law of evidence act of the laws of The Gambia.
IGNORANTIA JURIS NON EXCUSAT
(Latin, ie; ignorance of the law is no excuse). The good news is that, either as a result of my legal pronouncement at the aforesaid forum, or it may well be a mere coincidence, the University of The Gambia (UTG), under the dynamic, able and visionary leadership of His Excellency, Professor Alhaji Dr AJJ Jammeh, president of the Republic of The Gambia, who is also the chancellor of the aforesaid university, has now decided that, as from 2009, the UTG will commence a certificated course for “Reporters or “Trainee journalists” and other members of civil society who are interested in acquiring academic qualifications in journalism.
As a bona fide member of the Gambia Bar Association, the World Jurists Association in Washington D.C in the USA, amongst others, I warmly welcome this innovative step of the UTG.
In conclusion, in the light of the aforesaid legal analysis and submissions, let say the only substrate on which the aforesaid attack on me is based is Libel. Let me terminate therefore now, to allow you to digest and dissect what I have written, to enable you to advise your good self, what appropriate step you should now take very urgently, pertaining to this important matter.
Dr. Henry D.R. Carrol
LLB (Hons) UK., B.L. (Hons), LLM (U.K)
PhD (U.K.)
Solicitor General
& Legal Secretary
Law Lecturer University of The Gambia.
Author: by Dr Henry D.R. Carrol
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